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Section 4C Sale of tobacco , vaping or nicotine products by persons under 18F1F4

(1)

A responsible person who allows a tobacco product F2, herbal smoking product, cigarette papers F3, a vaping product or a nicotine product to be sold by a person under the age of 18 commits an offence.

(2)

For the purposes of subsection (1), “responsible person” means—

(a)

where the sale is at premises which are noted in a registered person's entry in the Register, the registered person for those premises,

(b)

where the sale is at premises which are not noted in a registered person's entry in the Register—

(i)

any employer of the person who made the sale, and

(ii)

any other person having management or control of those premises.

(3)

Subsection (1) does not apply to a sale which—

(a)

is made at premises which are noted in a registered person's entry in the Register, and

(b)

is authorised by the registered person for those premises.

(4)

Each authorisation mentioned in subsection (3)(b) must be recorded and kept at the premises at which a sale by a person under the age of 18 is made.

(5)

The Scottish Ministers may prescribe—

(a)

the form and content of authorisations made under subsection (3)(b),

(b)

the method of recording authorisations for the purposes of subsection (4).

(6)

An authorisation is, for the purposes of subsection (3)(b), deemed not to have been made, if—

(a)

it is not recorded and kept in accordance with subsection (4), or

(b)

it is not made in accordance with any provision made under subsection (5).

(7)

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Annotations

Textual amendments

F1

S. 4C inserted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 4, 36(2); S.S.I. 2017/12, reg. 2, sch.

F2

Words in s. 4C(1) inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 56(3), 175(1)

F3

Words in s. 4C(1) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(5)(a), 175(1)

F4

Words in s. 4C heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(5)(b), 175(1)

Notes on Part 1

Textual amendments

F1

Pt. 1 heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 8 para. 2 (with Sch. 8 para. 20)

F2

Words in Pt. 1 heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 2; S.S.I. 2026/210, reg. 2(1)

Notes on Chapter 1

Textual amendments

F1

Pt. 1 Ch. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(1), 36(2); S.S.I. 2017/12, reg. 2, sch.

Notes on Sale and purchase of tobacco , vaping and nicotine products

Textual amendments

F1

S. 4 crossheading substituted (6.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 2(2), 36(2); S.S.I. 2017/12, reg. 2, sch.

F2

Words in s. 4 cross-heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 61(2), 175(1)